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Legitime Digest Tolentino 01

Three principal system of distribution of hereditary property


1. Absolute Freedom Of Disposition- in force in USA, England, Canada, Latin
America
2. Total Reservation- in force in Soviet Civil Code, T can not freely despose of
any part of the inheritance, only to legal heirs, he cannot give to others
3. Partial Reservation- exclusive by law, by the will or by will and law

Article 886. Legitime is that part of the testator's property which he cannot dispose of because
the law has reserved it for certain heirs who are, therefore, called compulsory heirs. (806)
1. T can not impose any lien, substitution or condition (cls) on the legitime of
his spouse (Ramirez v Vda de Ramos)
2. T limits the right to dispose of property mortise causa by legitime
3. T limits the right to dispose of property inter vivos by lucrative or
gratuitous title but for valuable consideration , it is a substitution of values
4. Not a determinate or specific property

B.

Who are entitled to legitimes: Compulsory heirs.

Article 887. The following are compulsory heirs:


(1) Legitimate children and descendants, with respect to their legitimate parents and
ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate
children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2;
neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.

The father or mother of illegitimate children of the three classes mentioned, shall inherit from
them in the manner and to the extent established by this Code. (807a)
1. Separation by amicable agreement does not amount to legal
separation. The legitimite was preserved. There should be a decree of
legal separation.
2. Under 189 FC, adopted child is deemed an legitimate child, the
successional rights are the same to legitimate child
3. The adopter is not a compulsory heir of the adopter (A 190 and 189 FC)
Article 902. The rights of illegitimate children set forth in the preceding articles are transmitted
upon their death to their descendants, whether legitimate or illegitimate.
1. Right of representation is not granted to illegitimate child in the old Civil Code but in the
new civil code, it is granted.
2. Children of Legitimate Child has no right of Representation on illegitimate child
Rosales v. Rosales, 148 SCRA 69
A surviving spouse is not an intestate heir of his or her parent-in-law. Surviving spouse is a third
party in the estate of a parent-in-law.
Intestate or legal heirs are classified into 2 groups: (1) those who inherit by their own right, and
(2) those who inherit by the right of representation (article 981). The basis for right of
representation is blood relationship.